2022 (8) TMI 647

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....ncy Resolution Process (CIRP) against M/s. Dilip Buildcon Limited (Corporate Debtor) for the amount in default stated of Rs. 1,79,47,391/-. 2. The Operational Creditor is a private limited company incorporated under the provisions of the Companies Act, 1956, having CIN: U74920MH2006PTC158731, its registered address is at Level 3, Leela Vista, WHC Road, Bajaj Nagar, Nagpur, Maharashtra 440010. The Operational Creditor is engaged in the business of providing consultancy services inter alia of advising its clients on bidding in various Coal Mine Developer and Operator tenders. 3. The Corporate Debtor is a public limited company incorporated under the provisions of the Companies Act, 1956, having CIN: L45201MP2006PLC018689, its registered....

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....nce No. DBL/2017-18/115-B under which the Operational Creditor was required to search for a partner for the Corporate Debtor for the upcoming coal block tenders namely, Kerandari A, Tadicheria II, and Manoharpur. As per the said work order following invoices were raised by the Operational Creditor: a. Invoice dated 14.04.2017 for the advance of Rs. 2,87,500/- b. The claims of actual travel and lodging of the team were raised through several debt notes for Rs. 1,16,225/-. c. Invoice dated 02.05.2017 of Rs. 2,87,500/- for assistance and finalization of project-specific MOU. iv. The Corporate Debtor had handed over the Operational Creditor cheque of Rs. 2,62,500/- dated 02.05.2017 and that came to be dishono....

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.... c. Invoice dated 10.05.2017 for Rs. 3,45,000/- for work under pre-feasibility and site visit studies. viii. After several personal and telephonic follow-ups, the Corporate Debtor never protested and always orally assured payments. Since the payment was not forthcoming for more than a year, the Operational Creditor sent a letter dated 19.03.2019 calling upon the Corporate Debtor to make payment under the said work orders and invoices raised thereto. ix. For the first time without providing any details, the Corporate Debtor raised a false and frivolous dispute vide letter dated 18.04.2019. It was only after the Demand Notice issued by the Operational Creditor to take legal recourse, that the Corporate Debtor raised a false....

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....ie bona fide dispute which had been raised by the Corporate Debtor before the issuance of the Demand Notice issued by the Operational Creditor. The grounds of dispute were the quality and deficiency of services provided by the Operational Creditor and such dispute was raised vide letter dated 18.04.2019 issued by the Corporate Debtor upon the Operational Creditor in response to the notice dated 19.03.2019, whereby, the Corporate Debtor specifically pointed out the deficiencies in the services which were agreed upon between the Operational Creditor and the Corporate Debtor. iv. There is no provision for charging interest in the purchase order. Therefore, the claim of interest raised by the Operational Creditor is also misconceived, ....

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.... Bid advisory tender, for the same, the Corporate Debtor made an advance payment of Rs. 2,62,500/- through cheque No. 927586 dated 02.05.2017. The said cheque was returned by the bank on some technical grounds stating "Please contact the drawer/drawee bank and please present again", and later the cheque was again presented to the bank and got credited on 17.05.2017. 6. The submissions made in the rebuttal affidavit of the Operational Creditor are also summarized hereunder: a. The Operational Creditor denies that Mr. Vishwnath Iyer has issued/signed the Demand Notice without any authorization. A copy of the resolution dated 07.05.2019 passed by the Board of Directors of Operational Creditor authorizing Mr. Vishwnath Iyer for issu....

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....al Creditor and silently continues to avail services of the Operational Creditor assuring payments against the said invoices. It was only issuance on the issuance of the notice that for the first time, the Corporate Debtor raised the so-called dispute, that too, there is no specific issue that has been highlighted, only a dispute in a very generic manner has been raised. 7. We have heard the learned counsels appearing from both the sides and have perused the relevant documents available on record. It is noted that there was a business relationship between the Operational Creditor and the Corporate Debtor, several work orders were issued by the Corporate Debtor and accepted by the Operational Creditor. As per the work orders, services are....